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Criminal Investigations (Bodily Samples) Act 1995

DNA profile databank - Further databank compulsion notice

44B: Judge to specify method of taking sample if further databank compulsion notice issued

You could also call this:

"Judge decides how to take a bodily sample if another notice is issued"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If a Judge says a further databank compulsion notice can be issued, the Judge must say how a bodily sample will be taken. When deciding how to take the sample, the Judge thinks about what the police officer and the person the notice is about want. The Judge considers their views on which method to use.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369525.

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44A: Certain matters relating to further databank compulsion notice, or

"Getting another bodily sample needs a Judge's permission if the first one is lost or can't be used."

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45AA: Date on which bodily sample to be taken, or

"When You Can Give a Bodily Sample"

Part 3DNA profile databank
Further databank compulsion notice

44BJudge to specify method of taking sample if further databank compulsion notice issued

  1. If a Judge grants leave for a further databank compulsion notice to be issued, the Judge must specify the method by which a bodily sample is to be taken.

  2. In determining the method by which a bodily sample is to be taken, the Judge must have regard to—

  3. any view expressed by the constable who is making the application (being a constable who is of or above the level of position of sergeant) regarding which of the 3 methods should be used; and
    1. any view expressed by the person to whom the notice relates regarding which of the 3 methods should be used.

      Notes
      • Section 44B: inserted, on , by section 23 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
      • Section 44B(2)(a): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
      • Section 44B(2)(a): amended, on , by section 130(1) of the Policing Act 2008 (2008 No 72).